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Why would this be considered breach of contract? Being sued for breach of contract and non-payment.

OhioConstruction Contract

My parents contractors left piles of trash and leftover remnants of building materials in Their neighbors yard. This went on for 3 1/2 months. Along with a porta potty. So one Saturday morning they did not show up to work, so I started cleaning up their mess. They’re screaming breach of contract. The contractors also were installing soffit on the porch ceiling. They were running it parallel to the home. Three different days I approached him asking him to run it the other way. Of course it was sagging and looked terrible so again two or three days go by and they don’t show up it was never completed they ran out of material they left it like that for over two weeks. So one day again they didn’t show up for work so I pulled it down. I went and bought furring strips And more soffit. So I, put them up and started putting the soffit up correctly. They showed up late and started screaming breach of contract the second you touched our work. Today my parents got served with papers for a lawsuit. They never return to finish any of the other work. I told them they weren’t fired and that they could return to work and we would teach them how to install it correctly. Do my 76-year-old and 81-year-old parents have a leg to stand on? I live out of state and it’s very difficult for me to get back-and-forth to help or oversee their troubles. Thank you for your time. Signed, taken advantage of the elderly.

1 reply

Nov 5, 2019
There's a lot going on here. Let's look at both sides - how interfering with a contractor's work and payments may lead to breach, as well as how a contractor may be in breach, themselves.

Considerations during a breach of contract action

Generally, an owner (or their agent) can't interfere with a contractor's performance of their contract. And, interfering with that work may well be considered a breach of the agreement. Further, failure to make payment, as laid out in the contract, may also be considered breach - as could refusing to allow the contractor to perform their work. At the same time, nothing happens in a vacuum. So, if an owner is interfering with a contractor's work because that work was being defectively or improperly performed, then an owner might not be held responsible for the fallout from that breach. Further, if the contractor hasn't upheld their end of the bargain (performing in a workmanlike manner, abiding by the terms of the agreement, following the construction schedule, etc.), then that contractor may themselves be in breach of the agreement - and payment might not actually be owed to them. Further, when determining who is at fault and who owes what during a breach action, other factors - like attempts to mitigate the dispute or attempts to move forward with the agreement - will also be taken into account. But, it's hard to know how a court might weigh mitigating factors - especially without access to all the relevant details to a dispute.

Bottom line

There are a ton of moving parts that could affect how a potential claim for breach of contract might play out. This includes, importantly, the terms of the contract itself. Any time a lawsuit is filed against you, it's wise to consult with a local attorney to have them assess the claim, look at your circumstances and relevant documentation, and advise on how best to proceed. They'll be in the best position to determine which claims hold water and which ones might not, and they'll be in a good position to assess what counterclaims, if any, would be appropriate. For further discussion on breach of contract: Construction Contracts | A Deep Dive on Breach of Contract.
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